Intellectual Property Owners Association

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IPO Daily News™

Thursday, 21 February 2019 8:25 am


Dr. Falk Pharma Gmbh v. Generico, LLC, 17-2312 — In an 8 February order by Judge O’MALLEY that was published yesterday, the Federal Circuit granted motions to disqualify Mylan’s law firm in three patent appeals. Mukerjee and Soderstrom represented Mylan while at Alston & Bird and after joining Katten Muchin Rosenman LLP. Katten was currently representing subsidiary Bausch & Lomb in trademark litigation. Mylan argued that the firm’s engagement letter did not preclude Katten from representing clients adverse to Valeant-CA because the letter created an attorney-client relationship only between Katten and Bausch & Lomb, and because Katten was not a “key firm.”

The Federal Circuit disagreed. The letter “broadly defined Katten’s client as any Valeant entity” and thus “create[d] an ongoing attorney-client relationship between Katten and Valeant-CA” as well as its subsidiaries. A provision in the engagement letter stating heightened expectations of “loyalty from key firms” did not exempt Katten from adhering to ethical rules concerning conflicts. Here, Katten’s representation of Mylan created a conflict of interest that warranted disqualification, particularly because it did not inform Valeant-CA of the potential conflict.
(1 to 4 stars rate impact of opinion on patent & trademark law)

ATTEND IPOwners Spring Summit™ ON 7 MARCH

Join IPO on 7 March 2019 for the 2nd Annual IPOwners Spring Summit™ in Austin, Texas. Parallel sessions will be offered in the morning for in-house and outside counsel focusing on corporate IP best practices. Attendees will join together in the afternoon to discuss IP investigations, the global IP landscape, and for a one-hour ethics session. This year, IPO added more networking time to the program including a continental breakfast, coffee breaks, luncheon, and two-hour closing reception. For more information or to register, visit


European Council Approves Proposed Copyright Directive

Yesterday Reuters reported that the European Council had approved revised copyright rules, which are subject to EU Parliamentary approval, that would impose new licensing and filtering requirements related to online content.